56 STAT.] GREAT BRITAIN-PATENT RIGHTS, ETC.-AUG. 24 , 1942 Kingdom to the Government of the United States of America and used by the Government of the United States of America pur- suant to the provisions of Article II of this Agreement; or (c) So produced, used, or disposed of, pursuant to a request made or authority given by the Government of the United King- dom to the Government of the United States of America; provided always that the Government of the United States of America will, whenever in its judgment practicable, avail itself of any indemnity from a third party of which it shall have the benefit, in lieu of the in- demnity from the Government of the United Kingdom contained in this Agreement. The Government of the United Kingdom will not look to the Government of the United States of America for any cor- responding indemnity against claims asserted by nationals of the United States in the United Kingdom. ARTICLE VII The indemnity by the Government of the United Kingdom to the Government of the United States of America shall be subject to the following conditions, namely: (a) That the Government of the United States of America, as soon as practicable after receiving notice of any claim by which a liability might fall upon the Government of the United Kingdom under the indemnity, will notify the Government of the United Kingdom of such claim having been made. (b) That the Government of the United States of America will not make any compromise or settlement out of court with any such claimant, without the prior knowledge and concurrence of the Government of the United Kingdom. (c) That, in all cases in which no prior compromise or settle- ment of a claim shall have been made, as in paragraph (b) of this Article, and the claim becomes the subject of legal proceed- ings in the United States Court of Claims, or other appropriate United States Court, the Government of the United Kingdom will (if it shall so request) be permitted to assist the Government of the United States of America in defending any such proceedings. ARTICLE VIII The Government of the United Kingdom shall not be liable in re- spect of claims asserted by nationals of the United States of America in the United States as a result of the use and practice of any patent rights, information, inventions, designs, or processes, or as a result of production, use, or disposition of articles embodying the subject- matter of any of the aforesaid. ARrcLE IX In order to avoid conflict with the understanding contained in this Agreement, departments or agencies of the Government of the United States of America which negotiate contracts for production in the 1597 Conditions of in- demnification. Nonliability of United Kingdom for certain claims. Certain indemnities not required.
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